Expungement / Record Sealing Petition and Eligibility Memo — Utah

UTAH EXPUNGEMENT ELIGIBILITY MEMO AND PETITION PACKET

Quick Reference

Part A — Attorney Eligibility Memo

1. Question Presented

Whether [CLIENT NAME] is eligible for:

☐ automatic expungement under Part 2;

☐ a BCI certificate and petitioned expungement under Part 3;

☐ a traffic-only petition under § 77-40a-305(3);

☐ a qualifying cannabis-conviction petition under § 77-40a-305(4); or

☐ no present Utah expungement route.

2. Records Reviewed

• ☐ Utah criminal-history report
• ☐ Out-of-state and federal criminal-history records
• ☐ BCI certificate letter and identification number
• ☐ Charging documents and docket
• ☐ Judgment and sentence
• ☐ Probation/parole discharge
• ☐ Payment ledger for fines, interest, and restitution
• ☐ Protective-order and stalking-injunction search
• ☐ Registration-status records under Title 53, Chapter 29
• ☐ Prior expungement orders
• ☐ Other: [________________________________]

The analysis must use the complete criminal history. Section 77-40a-304 permits
BCI to review previously expunged records, including records expunged outside
Utah.

3. Automatic Expungement Analysis

A. Current process

Section 77-40a-204 provides that, on and after January 1, 2026, a court
automatically expunges a case if the court identifies it as eligible. The
temporary request process used during the preceding pause has ended. Check My
Court Case before paying for a certificate or filing a petition.

B. Acquittal or dismissal with prejudice — § 77-40a-206

A court automatically expunges qualifying records when:

• at least 60 days have passed after acquittal on all charges; or
• at least 180 days have passed after a dismissal with prejudice, measured
  from the dismissal or final nonappealable order as the statute specifies.

A dismissal with prejudice following successful completion of a plea in
abeyance and an acquittal by reason of insanity do not use this route.

C. Clean-slate case — § 77-40a-205

The current automatic waiting periods are measured from adjudication or
dismissal:

Automatic relief is case-based and has offense, criminal-history,
pending-case, supervision, debt, and prosecutor-objection exclusions. Do not
apply the shorter petition waiting periods to the automatic route.

Conclusion on automatic route: [________________________________]

4. Nonconviction Certificate Analysis — § 77-40a-302

A certificate for arrest, investigation, and detention records generally
requires at least 30 days after arrest or charge and one qualifying event:

• the investigating agency and prosecutor decide no charges will be filed;
• all charges are dismissed with prejudice;

• a dismissal without prejudice or condition is supported by written
  prosecutorial consent or has been pending at least 180 days;

• acquittal on all charges at trial; or

• expiration of the limitations period for every charge.

The applicant is ineligible while a nontraffic misdemeanor/felony proceeding
or plea in abeyance is pending, while incarcerated or on disqualifying
probation/parole, or while a criminal protective order or criminal stalking
injunction for the case remains in effect.

Conclusion on nonconviction route: [________________________________]

5. Conviction Certificate Analysis — § 77-40a-303

A. Financial and time requirements

All fines and interest for the conviction and all court-ordered restitution
must be paid. Count the waiting period from the latest of conviction, release
from incarceration, release from parole, or release from probation.

B. Offense and status bars

A certificate is unavailable if the conviction is a capital felony,
first-degree felony, felony violent offense under § 76-3-203.5(1)(c)(i), or
the felony offense described in § 41-6a-501(2). It is also unavailable if the
offense or combination requires registration under Title 53, Chapter 29 at
sentencing or at application, subject to the narrow juvenile-age exception in
§ 77-40a-303(3).

The following also block a certificate:

• a pending nontraffic misdemeanor or felony proceeding;
• a pending nontraffic misdemeanor or felony plea in abeyance;
• current incarceration or disqualifying probation/parole;
• intentionally or knowingly false application information;

• an active civil protective order, criminal protective order, or criminal
  stalking injunction against the applicant; or

• a criminal history exceeding the numerical limits.

C. Numerical limits

For convictions other than drug-possession offenses, BCI denies a certificate
when separate criminal episodes reach any threshold:

For drug-possession offenses, the thresholds are three felony convictions or
five convictions. Same-episode classification is governed by subsection (6).
After ten years, subsection (7) increases or removes specified limits for
specified histories. Subsection (8) excludes infractions, traffic offenses,
minor regulatory offenses, and automatically expunged clean-slate cases from
this count.

Conviction count by separate criminal episode:

Conclusion on conviction route: [________________________________]

6. Certificate Application and Filing Window

The current March 16, 2026 BCI application requires fingerprints, government
identification, complete applicant information, and a $65 nonrefundable
application fee. A person seeking indigency treatment must submit the required
fee-waiver materials with the application.

If eligible, BCI issues a certificate identification number. Under
§ 77-40a-304, the certificate or special certificate remains valid for 180
days. Calendar:

7. Recommendation

• ☐ Confirm whether the case was already automatically expunged.
• ☐ Apply to BCI for a certificate.
• ☐ File form 1000EX and proposed order 1020EX before certificate expiration.
• ☐ Use traffic form 1002EX.
• ☐ Use cannabis form 1003EX.
• ☐ Cure unpaid fines, interest, or restitution.
• ☐ Wait until [__/__/____].

• ☐ Resolve the pending case, plea in abeyance, supervision, registration, or
  protective-order issue.

• ☐ Seek advice regarding reduction, pardon, or another remedy.

• ☐ Other: [________________________________]

Part B — Petition Packet Preparation

1. Correct Court and Caption

Section 77-40a-305 requires filing:

• in the court where the criminal case was filed;

• if that court no longer exists, in the court that would have jurisdiction
  over the case today; or

• if charges were never filed, in the district court in the county of arrest
  or citation.

2. Form 1000EX Petition Inputs

1. Certificate identification number: [________________________________]

2. Why expungement will not harm the public interest:

[____________________________________________________________]

[____________________________________________________________]

3. Requested relief: Expungement of all records related to the matter and
   processing by state, county, and local agencies under Title 77, Chapter 40a.

4. Declaration location: [________________________________]
   Signature date: [__/__/____]

The petition uses the certificate identification number. Section
77-40a-305(1) directs the court to obtain the certificate from BCI and treats
the certificate information as incorporated by reference.

3. Supporting Documents

• ☐ Current 1000EX petition
• ☐ Current 1020EX proposed order
• ☐ Cover sheet required by current court instructions
• ☐ Certificate identification letter
• ☐ Payment or fee-waiver filing
• ☐ Prosecutor consent for qualifying dismissal without prejudice
• ☐ Optional public-interest materials
• ☐ Acceptance/proof of service required by the current court packet
• ☐ Other local filing requirement: [________________________________]

Do not attach sensitive criminal-history material unless the official form,
court rule, or court directs it.

4. Statutory Processing Calendar

The court, not the petitioner, gives the statutory notice described in
§ 77-40a-305(5). Follow the current court packet for any separate service or
acceptance-of-service step requested from the filer.

5. Form 1020EX Proposed Findings

The court must find by clear and convincing evidence that:

• the certificate was valid when the petition was filed and supplies the
  information needed for an order;

• the statutory requirements are satisfied; and

• the public interest will not be harmed.

If applicable, add the findings required by § 77-40a-306 for a special
certificate, dismissal without prejudice, qualifying cannabis conviction, or
enhancement-eligible plea-in-abeyance dismissal.

6. Post-Order Checklist

• ☐ Request the needed certified copies within 28 days.
• ☐ Confirm the court transmitted the order to BCI.

• ☐ Confirm BCI notified affected agencies and forwarded the order to the FBI
  under § 77-40a-307.

• ☐ Deliver a copy to an affected agency if appropriate; the statute permits the
  petitioner to do so.

• ☐ Request written confirmation from an agency under §§ 77-40a-401(4) and
  77-40a-404.

• ☐ Keep the certified order permanently.

An agency is not restricted by the order until it receives a copy.
After entry, the person generally may respond to inquiries as though the
matter did not occur, unless another law or court order requires a different
answer. Expungement restricts access rather than requiring universal
destruction, and §§ 77-40a-403 and 77-40a-404 preserve specified access.

Official Sources

• Utah Code Chapter 77, Chapter 40a
• § 77-40a-204 — current automatic process
• § 77-40a-205 — clean-slate cases
• § 77-40a-206 — acquittals and dismissals with prejudice
• § 77-40a-302 — nonconviction certificate
• § 77-40a-303 — conviction certificate
• §§ 77-40a-304 to 77-40a-307 — certificate, petition, order, and distribution
• §§ 77-40a-401, 77-40a-403, and 77-40a-404 — effect and access
• Utah Courts adult expungement instructions
• Utah R. Crim. P. 42
• Current BCI expungement application and instructions
• 1000EX petition
• 1020EX order

This packet is an attorney-preparation aid. Use the current Utah Courts and
BCI materials for the actual filing.